Hoggard

Plaintiff brought an action against defendant for breach of a contract arising out of an alleged failure to keep a certain covenant in a lease between them as follows:

The lease also contained, among other provisions, the following: “It is agreed between the parties hereto that the Lessor shall share fifty per cent in everything produced or raised on said leased property, and Lessee shall share fifty per cent in everything produced or raised on said leased property, during the continuance of said lease.”

The property described in the lease was sold shortly after plaintiff went into possession thereof; and thereupon, according to the findings of the court, “plaintiff and said defendant agreed to divide certain crops on said premises according to the terms of said contract, and plaintiff agreed to surrender possession of said premises and to cancel said contract according to its terms.”

The crops were divided in accordance with the said agreement of the parties, but defendant failed to pay to plaintiff the sum of five hundred dollars, which plaintiff claimed to be due to him under the terms of the lease. From a judgment in favor of plaintiff for the sum of five hundred dollars…